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FEDERAL REGISTER, Tuesday, August 8, 1944
c Career employees who have vet Central Office of the Commission in the eran preference, other than those in Washington, D. C., area, or from the ap group a.
propriate regional office of the Commis d Career employees who do not have sion outside the Washington, D. C., area.
veteran preference.
Approval by the Commission of any pro e Transitory employees who have posed smaller area will be given if the veteran preference, other than those in area is large enough to prevent the loss group b.
of highly efficient employees, to allow f Transitory employees who do not true competition to exist, and to require have veteran preference.
the retention of career employees and The rights of competing employees, employee entitled to veteran preference.
having been determined according to In approving or disapproving any such the above priority groups, establish the smaller area, consideration will be given position which a particular employee to whether any employees of the com shall occupy. This does not necessarily petitive level or occupational group to result in the separation of a displaced be affected are outside the area, whether incumbent from the service. Retention the area has independence of operation, of any displaced incumbent in the de work functions, and personnel adminis partment will then depend upon the tration although policies may be estab possibilities of placement in other posi lished in higher department levels, tions or upon the order of selection es whether the staff of the area is separately tablished in these regulations in other organized and clearly distinguishable positions or upon the order of selection from other areas of the governmental established in these regulations govern entity, and whether it is geographically ing reduction in force. The so-called situated within local commuting dis tagging of positions, which has been tance of other areas of the governmental followed in some departments, may also entity.
identify a specific position to which an Questions c o n c e r n i n g competitive employee with restoration or reemploy areas for reduction-in-force purposes in ment rights may be returned.
the Washington, D. C., area, whether the positions are field or departmental serv 12.310 Clearance of plans of com petitive areas for future use. Depart ice, shall be submitted to the Personnel ments shall give immediate considera Classification Division of the Commis tion to the governmental entities which sions Central Office for clearance and are the minimum areas of competition approval. Outside the Washington, D. C., for reductions in force. If there is doubt area, such questions shall be submitted as to the size and scope of these govern to the appropriate regional office of the mental entities, or if it is desired to es Commission, whether the positions are tablish smaller areas of competition as field or departmental, except that when a standard practice for reductions in a plan of competitive areas for the de force, departments shall submit pro partment has been cleared in advance posed plans of such competitive areas with the Central Office of the Commis within sixty days after the issuance of sion, questions concerning them shall be these regulations, to the Central Office referred through administrative chan of the Commission, for the attention of nels to the Central Office.
the Personnel Classification Division.
12.313 Determination of competitive When approved, subsequent clearance level or occupational group. Within the with the Commission will not be neces determined competitive area, there shall sary unless a a proposed competitive be further determined the competitive area does not conform to the plan, b level or occupational group in which the department reorganization has affected contemplated reduction in force is to be the plan, or c the facts upon which made. If the reduction in force is to be the plan was originally based differ from made in more than one level or group, the facts at the time of the reduction in each level or group shall be treated sépa force.
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12.311 Preliminary decisions. Con tach employee whose official position sideration of the factors motivating a is in such competitive level or occupa reduction in force necessarily is an ad tion group shall be considered in compe ministrative responsibility of the de tition for reduction-in-force purposes, whether he is in a duty or leave status, partment concerned. Such factors in clude nature and location of function to pay or nonpay status, or actually en be curtailed, number of personnel to be gaged on work in another department, another competitive area, or in another released, nature and extent of any re competitive level or occupational group;
organization and related subjects.
except that there shall be excluded the 12.312 Determination of competi names of persons in the active military tive area. When it is administratively service of the United States or in the determined that a reduction in force merchant marine, persons on furlough to must be effected, it becomes the duty of private industry or public enterprise un the department to establish, in accordder provisions of 18.9 d of this chap ance with these regulations, the area ter, persons on terminal leave, and per within which the mechanics of the re sons regarding whom action to be taken duction procedure shall operate and have has been determined as a result of prior uniform application. The area over reduction in force.
which the reduction-in-force procedure 12.314 Determination of veteran is to apply and operate should be a gov ernmental entity as defined in 12.303 preference. Employees entitled to vet eran preference are those included in h of this part. No reduction in force 12.303 e of this part. It is incumbent affecting career or transitory employees shall be made in any smaller area with upon the department to ascertain which out obtaining prior approval from the among the employees affected are en-

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titled to veteran preference. Such pref erence accorded in the department will not be questioned by the Commission un less challenged by employees adversely affected.
12.315 Determination of length of service. The length of service shall be the total of all periods of service that are eligible for considera jn for civil service retirement purposes, without regard to whether the employee is eligible or will be eligible, actually to receive retirement benefits. This service includes active military service, whether or not veteran preference is given therefor. Total serv ice shall consist only of full years of creditable service; however, fractions of a year shall be considered in arriving at the total.
12.316 Reassignment of career em ployees to permanent positions. Before any formal application of the reductionin-force procedures, each career employee in a competitive area in which a reduc tion in force is necessary, who has been transferred or promoted in the depart ment on a temporary or war-service basis and whose services in his present assign ment is no longer necessary, shall be transferred to a position that is to be continued, at the same geographical lo cation wherever possible, with seniority, status and pay at least equal to that of the permanent position from which transferred on a temporary or war-serv ice basis see 12.332 of this part.
12.317 Informal notice to employees.
In order that employees may have an opportunity to make personal adjust ments, information that a reduction in force is anticipated shall be made known to employees generally In competitive areas likely to be affected. Such general information should be given as soon as a department has reason to anticipate a curtailment of personnel, with a sug gestion that employees interested in find ing other employment will be given all possible assistance.
Statements of availability and releases should be fur nished to any employees requesting them.
12.318 Special provisions relating to consolidations and mergers. Before any reduction in force is made as the result of the transfer of any or all of the func tions of one department to another con tinuing department, all preference em ployees, all permanent or indefinite em ployees serving their first year after res toration following war service in the merchant marine, and all other career employees who are qualified to perform the duties of any noncareer employee in the continuing department shall be transferred to such continuing depart ment.
12.319 Termination at administra tive discretion. Because of the type of their appointments, certain employees may be separated at administrative dis cretion within certain limits. Accord ingly, temporary employees, when-ac tually-employed WAE employees, an nuitants who have been recalled from a retired status, and employees continued beyond the involuntary retirement age may be separated whenever their services are no longer required. However, in sep arating the above types of employees to